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  #1  
Old 01-14-2005, 08:12 PM
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Join Date: Jan 2005
Location: El Cajon, CA
Posts: 11

Judgments-Who Pays Who Doesn't


What is the name of your state? California

Can someone explain why other than cases filed differently that two cases involving the same two people. Case one plantiff has to pay restitution or risk a warrant for their arrest. Order has a superior court judges stamp. Case two a judgement in the favor of case one plantiff awarded by the labor board and filed with superior court is ordered to pay yet he doesn't and nothing is done. Why?
Why is one made to pay with a court ordered judgement, yet the other isn't foreced to pay with a court ordered judgemetn?
  #2  
Old 01-16-2005, 01:41 PM
seniorjudge
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The first is a criminal case and the second is a civil case.
  #3  
Old 01-27-2005, 03:54 PM
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Join Date: Jan 2005
Location: El Cajon, CA
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Why should that make a difference?


Ok, understand however that still doesn't answer my question or is it simply like so many of our other judcial laws?
  #4  
Old 01-27-2005, 04:00 PM
seniorjudge
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I can't really answer your question without more facts, but a civil case is where you can't go to jail if you lose; a criminal case is a case where you can go to jail if you lose.

If you run over me and kill me, my heirs will sue you for money in a civil court. If you lose that case, you will owe my heirs a lot of money. (Civil case)

The state will also prosecute you for killing me. If you lose that case, you can go to jail. (Criminal case)
  #5  
Old 01-27-2005, 04:12 PM
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Join Date: Jan 2005
Location: El Cajon, CA
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Forgive my lack of understanding


I do apologize and I am sure its a question that others have struggled with as well. I fully understand the different degrees of cases, where and how they are filed the fact jail no jail etc. However when it all boils down, my confusion is a judge has stamped both docuemtents, awarded money to both parties and both by placing their order to pay, their name and their stamp, thats all the same. The piece of paper, a judge thats why i just can't understand. My restitution was because stupidly I pleaded guilty to a disburbing of the peace case which the DA's office handed down to me from the orginally filed grand theft case which I stupidly and regret listening to others and worrying about losing a job that I hated anyways and did end up losing because of the case after pleading gilty for somthing I didn't do except not wanting to loose my job. I was never arrested, never went through any booking procedures, fingerprinted or seen the inside of a police station. Thats why I am paying, he's not paying me and again I understand the differences in the types of case but my question comes down to a court order is a court order or is it the lesser the reason for the judgement the determination on what is enforced? Thanks and I do aopologize for struggling with this.
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